Legal Opinion
Sunrise Check Cashing & Payroll Services, Inc. v. Town of Hempstead
New York Court of Appeals
Decided February 14, 2013PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that a zoning measure that prohibits check-cashing establishments in a town’s business district is invalid, because it violates the principle that zoning is concerned with the use of land, not with the identity of the user.
The provision in question is section 302 (K) of article XXXI of *484the Building Zone Ordinance of the Town of Hempstead, adopted January 10, 2006. It says in pertinent part: “In any use district except Y Industrial and LM Light Manufacturing Districts, check-cashing establishments are hereby expressly prohibited” (§ 302 [K] [1]).
The only…
2Cases cited7 opinions
- St. Onge v. DonovanNew York Court of Appeals · 1988
- Dexter v. Town BoardNew York Court of Appeals · 1975
- Stringfellow's of New York, Ltd. v. City of New YorkNew York Court of Appeals · 1998
- Town of Huntington v. Park Shore Country Day Camp of Dix Hills, Inc.New York Court of Appeals · 1979
- Robert E. Kurzius, Inc. v. Incorporated Village of Upper BrookvilleNew York Court of Appeals · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Paolicelli v. Fieldbridge Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Blue Island Development, LLC v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2015
- County of Herkimer v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 2013
- COUNTY OF HERKIMER v. VILLAGE OF HERKIMERAppellate Division of the Supreme Court of the State of New York · 2013
- County of Herkimer v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 2013
8 more not listed; retrieve them via the Exa API.